ICE, CBP Face Lawsuits Over Noncitizen Biometric Data Sharing

A digital rights advocacy group, Access Now, and the Harvard Cyberlaw Clinic are suing U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) for failing to provide documents detailing their data-sharing practices with Latin American governments.

The legal action follows Freedom of Information Act (FOIA) requests filed over 17 months ago, which sought transparency on how biometric and biographic data of noncitizens is shared.

The ICE lawsuit pertains to its Enforcement and Removal Operations (ERO) program, which identifies undocumented individuals in U.S. prisons using biometric and biographic data. Access Now’s FOIA request aimed to uncover details about data-sharing agreements between ICE and countries like Mexico, Guatemala, Honduras, and El Salvador.

In response to these requests, ICE has claimed it does not possess the relevant documentation.

Similarly, CBP has been challenged over its refusal to disclose information about the CBP One app, a platform requiring migrants to provide biometric data to access services and make appointments. Concerns have been raised about the app’s ability to collect extensive data, including geolocation and biometric information, potentially used for automated decision-making and profiling.

The CBP One app is currently under investigation by the Department of Homeland Security’s Office of Inspector General and its Office for Civil Rights and Civil Liberties.

Access Now argues that data-sharing agreements between the U.S. and governments with histories of human rights abuses, such as El Salvador, have led to the wrongful detention and criminalization of migrants based on inaccurate data. The advocacy group pointed to several cases in which erroneous information from Salvadoran authorities had resulted in non-criminal individuals being detained by U.S. immigration authorities.

Access Now’s efforts aim to uncover and challenge any such data-sharing practices, as part of its advocacy efforts for the protection of migrant rights and greater transparency from federal agencies.

Source: The Record

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May 27, 2024 – by Ali Nassar-Smith